Jones v. Flynn — 65 N.Y. 944

Majority

p. 944

In the Matter of William Jones et al., Appellants, v John J. Flynn et al., Respondents.

Argued August 26, 1985;

decided August 28, 1985

p. 946

APPEARANCES OF COUNSEL

Robert D. Meade and Donald J. Sullivan for appellants.

John E. Watkins, Jr., for John J. Flynn, respondent.

Jay B. Hashmall for Bernice Spreckman and others, respondents.

OPINION OF THE COURT

Order affirmed, without costs. The record supports the determination by the Appellate Division that petitioners failed to sustain their burden of demonstrating that the conduct engaged in by respondent Flynn constituted fraud or that it resulted in an irregularity sufficient to declare the results of the June 17, 1985 meeting a nullity.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.